XVideos.nu Domain Name Ordered Transferred

LAS VEGAS — An arbitrator, siding with the operator of XVideos.com in a cybersquatting claim, recently awarded the company the XVideos.nu domain name.

The arbitrator ordered the domain name handed over after he found the adult tube site to be confusingly similar to XVideos.com's own adult brand and registered in bad faith. XVideos.com has operated since 2007.

XVideos.nu, according to Internet archive records, has operated as an adult tube site since early 2012. At post time, the site, registered to Andrei Ivanov, continues to operate as such.

XVideos.com's parent company, WGCZ S.R.O., filed the UDRP claim last month — one of many it has successfully waged this past year against entrepreneurs who have cybersquatted on its trade names.

The company operates scores of other tube sites, including XNXX.com, and is based in Czechoslovakia and has U.S. operations in Las Vegas.

In the case over XVideos.nu, sole panelist Ian Lowe said that WGCZ S.R.O. produced evidence that Ivanov was an "experienced domainer" with nine years of experience in the area of adult tube websites, and that he registered the site only to ride on the coattails of the XVideos.com brand, which counts 350 million unique visitors every month.

"[Ivanov] has used the domain name for a website providing similar services to those of the complainant under the XVideos name including the provision of links to third-party websites directly competing with the complainant," the arbitrator wrote. "In the panel's view, this amounts to paradigm bad faith registration and use for the purposes of the policy."

Ivanov, in an informal email response to the claim, suggested that "XVideos" is generic and that WGCZ S.R.O. only registered the brand as a U.S. trademark in September 2012.

Ivanov claimed that when he registered the domain name, "XVideos" was not a trademark. He later suggested that "XVideos" was like "porn videos" or "porn tube" and that his website had nothing in common with XVideos.com, according to the filing.

But the arbitrator said that the "fact that the complainant had not yet registered its trademark at the time the domain name was registered does not prevent the panel from deciding against the respondent."

Marc Randazza of Randazza Legal Group, which represented WGCZ S.R.O. in the UDRP claim decided at WIPO, told XBIZ that the case relied on XVideos "very strong trademark rights." Randazza noted that the arbitrator relied on prior cases that established it as well.  

"Protecting a brand is like building a defensive wall," he told XBIZ. "Every effort builds on prior efforts.  That's why it is a bad idea to just wait until you have a big problem.

"You get rid of small problems, one by one, and next thing you know, you have a nice tall and stout wall of brand protection."

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More